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HomeMy WebLinkAbout1975-08-26 Regular Meetingi, =ET R,OLL.CALL_ Regular MEETING,OF Aueust'26. ;197 7 30 P.W PRESENT RAN - CZARNECKI Page 3 _ Council Minutes August 26, 1975 City Manager Neal Berlin called attention to a memo from Dicki• 7ollmershauser,_Urba-n Renewal Director concerning the request fromOldCapitol Associates for a Fifth Addendum to the Contract which would change the land use 'in the east one- �- half :of Block 101 -to accomodate--drive--in--Facilities for '_two -) financial institutions.- Don Scatena,.Lind,.Inc., explained the Plans. Council, discussed design control:_as the site plan was being amended. It was moved by Brandt and seconded by Neuhauser to adopt Resolution 294, recorded in book 33, page,21 -Approving -Execution -of-Amendment -to-Urban -Renewal , Redevelopment Contract. Upon roll call-Davidsen,-Neuhauser and Brandt - voted 'aye', deProsse voted 'no', Czarnecki absent. Motion carried, 3/1`- It was moved by deProsse and seconded by Neuhauser that the rules besuspendedand the second reading of Proposed Ordi- nance No. --2778 Establishing a Human Relations Department for'- the or the City be given by title only. Upon' -roll call "deProsse, Neuhauser, Brandt, Davidsen voted 'aye'CzarnecY.i absent -Motion carried 4/0, andsecond reading -given ;,by -title only. It was moved by deProsseandseconded by Neuhauser that the rules be suspended and the first reading of proposed Ordi- nance No. -2779 Authorizing the Creation of a Department of Parks and Recreation Department of 'Community Development and / Department of Human Relations; and -Providing for Heads thereof, Amending Ord. 2570, be given by title only. Upon roll call deProsse, Neuhauser, Brandt, -Davidsen-voted 'aye', -Czarnecki absent.` Motion car.ried.4/0. and first reading given by title only. - - It was moved by_Neuhauser-and seconded by Brandt that the rules be suspended -and thesecondreading of proposed Ordinance' No. 2777 Establishinq a Police_ Department for the City of. 1 Iowa City, Providing for the Appointment of -a Police Chief and:- z2z Repealing Ord.' 2658 -be given by;title 'only. 'Upon roll call - Neuhauser,' Brandt, Davidsen, deProsse 'voted.'aye','Czarnecki absent. I -lotion carried, 4/0 and -second _-reading-'given-by__title only_ Councilwoman deProsse asked to be excused and left the meeting -,,at 9:00 P -M. It was.moved by Brandt and seconded by Neuhauser to adopt Resolution 295, recorded in book 33, page 22; -Amending Sa1ar�� andCompenstions for Class ified. Pers onnel byEstablishinga Position. ofrSuperintendent of Cemete yjEcrestry_; ; Upon roll call Brandt,,Davidsen, Neuhauser voted 'aye'; Czarnecki and deProsse absent-. No c, and resolution adopted. Page 5 Council Minutes August 26,-'1975 -: It was moved by Neuhauser and seconded by Brandt to adopt Resolution No. 302, recorded in book 33, page 29, -_ Accepting Workfor Completion of Water Pollution Control Plant Improvements by C.L. Carroll Company. _Upon _roll call �oSmC� ^�^� Neuhauser, Brandt, Davidsen voted ',aye', Czarnecki and deProsse absent- [lotion carried 3/0, and -resolution. adopted. - It was moved by Brandt and seconded by Neuhauser to adopt Resolution No. 303, recorded in, book -33, page30,_-Accept- ing Street Improvements in -Tudor -'Park Addition 'Part 2 i5y r i4etro-Pavers. Upon "roll--cal"1-`Neuhauser, Brandt, Davidsen voted -'aye' -,-Czarnecki and deProsse absent. Motion carried 3/0, and resolution adopted. It was moved by Neuhauser and seconded by Brandt to -adopt_ Resolution No.:304, recorded _in' book "33, page-31,_Acceoting_ Sanitary Sewer, Concrete --Paving and Storm -Sewer for-=Penny,> Bryn Addition, Part 3 by Knowling Bros. Contracting. Upon roll call Brandt, Davidsen,-'-Neuhauser=voted.'aye', Czarnecki _- and deProsse absent. -:[lotion carried 3/0, and resolution adopted. It..was.moved byBrandtand seconded by Neuhauser to adopt Resolution No. 305, recorded in book 33,.page 32 Accepting_ --- Sanitary Sewer Improvements' for a Portion of the Replat of _ __ Lot 3 Ohl's-Subdivision by Dave Schmitt Construction. -Uoon roll` 1024-1 call Davidsen, Brandt, Neuhauser voted 'aye', Czarnecki and deProsse absent-- Motion carried 3/0, and resolution adopted. It was moved by Brandt and seconded by Neuhauser that the letter from Bruce Glasgow requesting design construction and rea_ e .-assessment of cost of a sanitary sewer for Oakwoods_area-be- received received and filed and referred to the City -Manager ;and.; -City Attorney for report. Motion carried, unanimously. It was .moved by Brandt -and -seconded by Neuhauser to adopt the following _permit resolutions. a) Class B Beer permit applications, book 33 c306-:Ri_-za_Hu_t,—_1.921 Xpokuk qt_ (Rnqular) pac3E 31 - ... '307 Pizza Hut, 1921 Keokuk St. (Sunday), page 34 #309 Q.J 's Family Restaurant,_ 1250 Hwv', 6 west -'(Regular), a e'36 _ -.4-,310 EL J, Pam_ly Restaurant, 125b Ho- "6 west I (Sunda-) , a e'17 1311 ,the Sanctuary. 405=S:"Gilbert (Regular); nage 38 31la the Sanctuary, 405 S. Gilbert (Sunday), page 39 '- c b) Refunding Beer & Liquor"Permit,'book 33, page 35 0308 Uoody_Blve., Court _ - AGENDA REGULAR COUNCIL MEETING-- August 26, 1975 7:30 PM Item No. i Meeticelto order Roll -Item No. 2 - Mayor's Proclamation. a. Jerry Lewis Telethon Day, September 2, 1975. Item No. 3 = Public discussion. No. 4 - Receive minutes of boards and commissions. Item Iowa City Airport Commission minutes of meeting a. on July.24, 1975. b. Iowa City Civil Service Commission minutes of meeting on July 8,-1975._: Iowa City Planning -and -Zoning Commission minutes C. of meeting ;on August 14,'1975.: d. Iowa City Library Board of Trustees minutes of meeting on ;July:24, 1975;. Item No. 5 oform - site clearance contracteandnestimaon tenforsdemolitionand contract No. 5., A. Consider resolution approving plans, specifications, demolition and form of contract --and estimate for - site:clearance contract No. 5.- No. 6 lic, form contract Item 7 rOesotAior.—. to rezone a'tract - Consider setting a public hearing Item No. of land from an RIA Zone to an M1 Zone. -Z-7503. Item No. 8 aring setta CHaZPublic He_ - MiZone... Z-750.4.-trat ofnlandrfrom Item No. 9 -to ofeIowaatet - Consider setting a Public He west alleylin theroriginalatown Public Hearing to be held on City. v-7503. That the alley be vacated after the Hobby Shop's' a.- lease with the City expires, and, b. That a utility easement be maintained within the within the alley until such -time -as all_utilities alley have been relocated. Agenda Regular Council Meetinq August_26, 1975 7:30; PM Page 3 - Item No. 21 - Consider resolution approving the contract and bond, for L. L. Pelling Company, --Inc. for the f3 75 Asphalt Resur.facing.Project.' Item No. 22 -'Consider-resolution accepting work for 'completion of water pollution control plant improvements. Item No. 23 - Consider resolution accepting street improvements in Tudor ParkAddition, Part 2. - Item No. 24 - Consider resolution accepting sanitary sewer, concrete paving and storm sewer for Penny Bryn Addition, Part 3. Item No. 25 - Consider -resolution accepting sanitary sewer improve- ments -for a__p_ortion;,.of the replat of Lot 3 Ohl's -_ Subdivision. - - - Item No. 26 -,Correspondence to the City Council. a. Letter from Bruce Glasgow, President of Plum Grove :Acres,'Inc.,;_60l_South Gilbert Street, requesting 'design construction and -assessment of cost of.a sanitary sewer for the Oakwoods area. b. Letter from Joseph Frankel, Professor of Zoology, University of Iowa,regarding the leopards in City Park Zoo. Iten No. 27 - Issuance of permits. - a. Consider resolution approving Class B Beer Permit application for East Moline Pizza -Hut, Inc., d/b/a Pizza Hut, 1921 -Keokuk St. b. Consider resolution approving Class B Beer Sunday Sales Permit'' application for East Moline Pizza -Hut, Inc., d/b/a ,Pizza Hut,:: 1921:Keokuk -St. C.- Consider resolution refunding Beer '& Liquor Permit - for Moody 'Blue, 1200 S. Gilbert Court. d. Consider resolution approving Class B Beer Permit 'last for That -Deli, _620-S. Dubuque (taken off week). e. Consider resolution approving Class B Beer Permit for D.J.'s Family Restaurant, 1250'Hwy 6 W. Agenda - Regular Council Meeting August 26, 1975, 7:30 PM Page 4 Item No. '27 - (cont'd) f. Consider resolution approving Class B Beer Sunday 1250'Hwy 6 W. Sales for D.J.'s Family Restaurant, g. Consider resolution approving Class a Beer Permit application for Dennis 'Jones "d/b/a _Sanctuary, 405 S. Gilbert.` h. Consider resolution approving Cigarette Permits. t. Memo from-Abbie on 50% compliance rule for Sunday Sales for Town crest In_n. Ltd. Item No. 28 --Public discussion. Item No. 29 - Adjournment._, !Y L 1_ 1 • �;� � - 1 _ n �< v J ,> .. ` y ` .. � j �-. .i _ ,_ _ .. 4_ --- ::�--- - --__ _ _ z , _ _ _ _ ._,_. __�. __ __ __ - -_ -.- _ _- - _ _ ,, , _ __--- _ _.. _ r �._. __ {/ r _ c �.. _ _ _ t r ` "_ r ' __ - r .__.. ,_ _. _. i ... -_ r _ . - I r _._. r . e -p ,_.e _ -- — --- _�.. __ � �j �� - __ i __ t y.: - _. ... __. � -=_- � _. - = :_ �.- -_ r r __ - _ _ _ f. -- r.. ' _..-_ _. '. Agenda Regular Council Meeting August 26,`1975 7:30 PM Page 3 _ 8 =CONSIDER SETTING A PUBLIC HEARING TO REZONE _A TRACT OF LAND FROM Item No. - -7504. A CH ZONE TO AN MI ZONE. Zby Comment: ofianiapplicationtsubmitted,by the JndMd g and Zoning heaP4ataiI vote approval nd l'canduwesteof-theirloped apresentct of awhole- Swank ;Co.,,Inc. ,to rezone a of Highway 6 Bypass -applicant is ,- r located south sale establishment from -a -CH Zone to an Ml _Zone. `.The an M1 desirous of expanding their warehouse which,necessitates be on`=September 16, _1975. ' Zone.` Public Hearing to Action: ' �t;? 1, ,,, i I Item No. 9 - CONSIDER SETTING A PUBLIC HEARING TO VACATE THE EAST WEST ALLEY IN CITY. V-7503. Public Hearing BLOCK'92 OF THE ORIGINAL TOWN OF IOWA o be held on CSPp-t_ 110 comment: thessiol i on The inAthessubject9blockeboundedeby y toa0 voteayacationgof all_ey College and Capitol contingent upon the Burlington, Madison, _Streets following: That the alley be vacated after the Hobby Shop's lease with the a. City expires, and, b. That a utility easement be maintained within the alley until such been relocated. -' time_as all utilities within the alley have Action: v Item No. 10 -BUSINESS FROM THE CITY COUNCIL. � r j` 011_n -_ ((i jo Yi '>i, lir 7 n• ��, }�;.Q z i Agenda - Regular Council Meeting August 269 1975 7:30 PM Page --4,. Item No. 11 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. November.` 1975, Municipal Election. _ t Item No. 12 - CONSIDER ORDINANCE ESTABLISHING A HUMAN RELATIONS DEPARTMENT FOR THE CITY OF IOWA CITY, IOWA (SECOND READING). Actions /i/ _ �, ., _ / . �= ��' Item No. 13`- CONSIDER ORDINANCE AUTHORIZING THE -CREATION OF A DEPARTMENT Of PARKS _ AND DEPARTMENT AND RECREATION, A DEPARTMENT OFCOMMUNITYDEVELOPMENT RELATIONS, AND PROVIDING`FOR-HEADS-THEREOF, AND AMENDING OF HUMAN ORDINANCE NO. 2570 (2.16.1,: MUNICIPAL CODE) (FIRST READING). 1 A tion: r r Item No. 14 -CONSIDER ORDINANCE ESTABLISHING A POLICE DEPARTMENT FOR THE CITY OF OF A POLICE CHIEF, IOWA` CITY,` IOWA, PROVIDING FOR THE APPOINTMENT AND REPEALING ORDINANCE NO. 2658 ,(SECOND READING). - Action: F Item No. 15-- V RESOLUTION AMENDING'SALARIES AND_COMPENSATIONS FOR CLASSIFIED PERSONNEL - CEMETERY/FORESTRY. BY ESTABLISHING A POSITION OF SUPERINTENDENT OF WW71 .71 _- ._ r _ IT�-- • ._ 1 12 _ tr -_/� r 3 - Agenda Regular Council Meeting a/` - August 26, 1975 7:30 PM /t Page -5v , Item No. 15 - (cont'd) Comment: This resolution reflects changes which have occurred within the Parks division. During the and-Recreation Department and the Forestry expanded to include last two years the job of City Forester has -b:- the responsibility of Cemetery Administration and of Weed=Commissioner. Staff members will be available to .comment on the justification for this change in classification. - .Action:. �- Item No. 16_- CONSIDER RESOLUTION AMENDING SALARIES AND COMPENSATIONS FOR CLASSIFIED `-REVOKING NO. 75-253, j PERSONNEL, RESOLUTION N0. 75-1 AND RESOLUTION THE, POSITIONS OF_AND SALARY RANGES FOR THE POSITIONS BY; ESTABLISHING OF`DIRECTOR OF HUMAN RELATIONS, CIVIL RIGHTS SPECIALIST AND PERSONNEL SPECIALIST. Action PLAT OFrA Item No. 17,- CONSIDER RESOLUTIONS APPROVING THE PRELIMINARY AND. FINAL 1�•�_. j. REPLAT'OF LOTS 5 AND 6 OF TERRACE HILL ADDITION. A. CONSIDERRESOLUTION APPROVING PRELIMINARY PLAT. B. CONSIDER RESOLUTION APPROVING FINAL PLAT. Comment: The Planning and Zoning Commission on August 14, 1975, recommended by replat located north of Oakcrest a 5 to 0 vote approval of the subject StrThe proposed addition, submitted Street and east of.George eet. byMr..Alvin F. Streb,,would subdivide two existing lots into 12 lots. Since the subject replat is a combined preliminary and final plat, final should be considered resolutions for a preliminary plat and a plat in sequence: 1 Action No. 18 - CONSIDER RESOLUTION APPROVING THE PRELIMINARY PLAT OF STREB SOUTH Item INDUSTRIAL PARK. ._S-7511. - Comment: The Planning and Zoning Commission on August 14,'1975, recommended by = submitted by Mr. Alvin a 5 to 0 vote approval of the subject addition Streb and located east of South Riverside Drive,;.south of ,the F. CRI&P Railroad, and west of the Iowa .River. TheCommission also required within the turnarounds of recommended that medians normally be as was -done for Industrial Park Road. the cul de sac streets waived the request of the Riverfront Commission, a 100 foot strip of land At Agenda Regular'Council Meeting August`26, 1975 7:30 PM Page:6- - Item No: 18 _-(cont'd) along the Iowa River is being dedicated to the City for the - beautification and utilization of the riverfront in addition' to a 10foot` access' easement` for access to, that land. Action: r _ r ' Item No. 19 - CONSIDER RESOLUTION APPROVING THE FINAL PLAT <OF PENNY BRYN ADDITION, PART 3. S-7512♦ Comment: The Planning and Zoning Commission on August 14, 1975, recommended JiIJ� by.a 5 to O vote approval of the subject addition located east of —' o` 7 MT Teg Drive and south.of,Graslon"Drive.'- The addition as submitted by Penny Bryn, Inc. would subdivide 12.14 acres into 33 lots. Action: Item No. 20 -CONSIDER RESOLUTION AWARDING CONTRACT FOR THE 1975 SANITARY EXCAVATION CONTRACT. Comment: This resolution awards the bid for the 1975 Sanitary Landfill Excava- tion Project. The following bids were"received: Gordon_Russell, Inc. $402712.25 Iowa City, Iowa Barker's, Inc. 67,139.50 Iowa City, >Iowa John F. Freiberger 49,283.25 Davenport,--Iowa -' Engineer's Estimate 100,000:00 This year's low bid is approximately 44% lower than last year's bid price:and is indicative ofthe extremely -competitive _ situation that exists this year. It is recommended that the contract be awarded to Gordon Russell, Inc. of Iowa City, Iowa. Action I - - r _. .. " 1 a L Agenda Regular Council Meeting August 26,-1975 7:30 PM Page ;7 2l ND BOND FOR L. L E750ASPHALTNTRACT ARESURFACING PROJECT. Item No. PELLINGRCOMPANYTIONCAPFORVTHE FYING he ntract hcontracts STheaaward ofture on tthis�contractnd ap resolutionthe -omment- bohis nd for ofvthised Council during their 'regular meeting of August was made by, he City 1 19,- 1975.- j Action:' RESOLUTION ACCEPTING WORK FOR COMPLETION OF WATER POLLUTION Item No. 22 - CONSIDER CONTROL PLANT Company, Inc. resolution ity had rpollution Plantld Comment: Controlone work done at the Waterts forsthe e to ycomplete twork tand with KhoweverConsuctfailed toion the contracted with let to in this � Ceee9ai second by make the digester-operational, c accepts the work droeect plete the improvements. -This resolution final contract amount of this project l- the second contractor. The ce he the contractor has completed all work in accordan adoption $e ,ond and 11 with the plans and specifications. Public Works recommends of this resolution. i } r ell - Action. RESOLUTION ACCEPTING STREET IMPROVEMENTS IN TUDOR PARK Item No. 23 - CONSIDER ADDITION, PART 2. 3Q_3- This resolution accepts work donf byTudoroPark Addition, oPart W2. Comment: City,,Iowa, for concrete `paving in acco of�the _ The concrete work has been constructed res _ oval Works recommends appre specifications and Public tion. ;} - , Action: Agenda Regular Council Meeting August 26, 1975 7:30 PM PagetB Item No. 24 - CONSIDER RESOLUTION ACCEPTING SANITARY SEWER, CONCRETE PAVING AND STORM SEWER FOR PENNY BRYN ADDITION, PART 3. _ D Comment: Thisresolution' accepts work on the sanitary sewer as constructed- by Knowling Brothers Contracting Company and concrete paving and storm sewer constructed by Metro Pavers, -Inc. These improvements have been constructed in -accordance` with the City's' specifications` and Public. Works recommends approval of the resolution. Action: Item No. 25 -'CONSIDER RESOLUTION -ACCEPTING SANITARY -SEWER IMPROVEMENTS' FOR A PORTION OF THE REPLAT OF LOT 3 OHL'S SUBDIVISION. Comment: This resolution accepts the work done by Dave Schmitt Construction Co. of Cedar Rapids, Iowa, for sanitary sewer improvements' in the Replat of Lot,3,_Ohl's Subdivision. This sewer has been constructed in accordance with -the -City's specifications and Public Works " recommends adoption of this resolution. Action: Item No. 26 - CORRESPONDENCE TO THE CITY COUNCIL. a. Letter from Bruce Glasgow, President of Plum Grove Acres, Inc., .601 South Gilbert Street, requesting design -construction and assessment 'of cost of a sanitary sewer for'the Oakwoods area. ' Action: / , , _. ,�f✓� 1^ ._-:.- b. Letter from Joseph Frankel, Professor of Zoology, University of Iowa, regarding the leopards inCity Park Zoo. ; Action t Item No. 27 - ISSUANCE OF PERMITS: a.\ Consider resolution approving Class B Beer Permit application © .for East Moline Pizza Hut, Inc.; d/b/a Pizza Hut, 1921 Keokuk St. __,.•_v b, A/cQ_ Action: Agenda Regular Council Meeting August 26, 1975_ 7:30 PM :Page 9 _ Item No. 27 - (cont'd)- b. Consider resolution approving Class B Beer Sunday Sales Permitapplication _for -East Moline Pizza Hut, Inc. d/b/a Pizza Hut, 1921 Keokuk St.. Action: c. for Moody Consider resolution refunding Beer & Liquor Permit �a Blue, 1200 S. Gilbert Court. Action: _ for That Deli, - Consider resolution approving Class B Beer Permit 620 S. Dubuque (taken off -last -week).. Action: e. for D.J.'s Consider resolution approving Class B Beer Permit Family Restaurant, 1250 Hwy 6 W. Action: f. Sales for D.J.'s Consider resolution approving Class B Beer Sunday Family Restaurant, 1250 Hwy 6 W. ----Action: g. application for Consider resolution approving Class B Beer Permit V7 Dennis Jones d/b/a Sanctuary, 405/``S. Gilbert. Acti on: L �Lt� ZJ �lll /�li&�' l all ��� O &IC2— h. Consider resolution approving Cigarette Permits.,; Action: r, ° The University of Iowa Department of Zoology tJL) ■ �' �� r �• _- -- - Iowa City, Iowa 52242 - -=iNool� 319/353-5751 Aug. 20, 1975 Mr. Ed`Czarnecki, Mayor City of=Iowd City Civic Center, 410 East Washington Iowa City, Iowa 52240 Dear Mr. Czarnecki, As a consequence of the recent correspondence concerning ,the keeping of leopards in the Iowa City zoo, 'I have found out (or had confirmed) certain circumstances that I find truly surprising, and merit being taken up by the, City Council. These are as follows: - 1. Decisions as to which animals are to be acquired for the Iowa City zoo are not made by -the zoo director, who is trained -in wildlife but -rather 'by 'the'7rector of Parks, who has a degree in horticulture -(I am told). Should not the primary -decision -about zoo occupants be made-.by..a.zoo director,.subject-.to -:veto-only on budgetary- grounds? 2. I also found out that zoo budget is indeed tight. -This doesn't surprise me one -=bit. But_then why bring in large, meat 'eating animalsT Meat'is expensive, leopards tend to eat a`lot, and you are likely to 'find your veterinary, bills high - also. It would be a pity -i£"the leopards eat ,up the whole zoo bulget,'leaving little or nothing for the really interesting animals, such as the'prAirie dogs of the beautiful prairie dog colony. 3. I have also had confirmed the fact that winter facilities are far from perfect. 'This adds another very strong argument for a zoo devoted to local animals an argument 'that 'didn't -occur to us when we;wrote our earlier. letter. That is, `local `animals -can take the cold,tropical animals can't. So if the< winter facilities are _.inadequately;heated or drafty, -the animals that have been evolved to take cold winters will do much better than animals` removed from'the tropics," One final comment. 'I have a three year old daughter, and have taken her to the zoo several times. She is fascinated by the.prairie dogs -'as other children are also - because_they'do things. They are animals leading a nearly "normal" life in a nearly normal habitat. She didn'teven notice the 'leopard, `who was just sitting around and moping. The object of a zoo should be to display animals "doing their thing" -in as--nearly--normal a manner as possible, not simply to keep living carcasses on display. -This object can most readily be achieved on ,a tight budget by displaying animals;=.that.are-mostly small and mostly herbivores. I trxly hope, _mainly for my and everybody'_s children ' sake, that the Iowa City zoo can be preserved and strengthened on this basis. Copies cent to: Sincerely yours,' 'Den Showalter Y Den Shoxalter - hick Lane Joseph Frankel! -- Iowa City Press -Citizen - Professor of Zoology P.S. If the Council does take up this subject, I'd like to be informed of the ti -z.` o== ML DATE: - August 27, 1975 TO:___Parks_and Recreation Commission -- --AttentionTom`'Cilek,-- Chairman - -- FROM: __.-Iowa -City City Council . " RE: Referral_ - At their regular Council meeting on August 26, 1975, the City Council discussed the letter concerning the leopards at the City Park sent by Joseph Frankel, Professor of Zoology at the University of --Iowa. The motion was adopted to refer the Letter tothe Parks and Recreation` Commission to consider the present situation with emphasis,on re-evaluation of our zoo facilities and re-evaLuation of the philosophy on :-the 'need for -animals to be in a natural habitat. Ay77 C Abbie_Stolfus City Clerk - s a — September 251975 - f Mr. Joseph Frankel j - Professor of Zoology University of Iowa Iowa City, Iowa52240 Dear Mr. Frankel: - At its regular meeting of_August 26, 1975, the-City Council -- `received and placed-on-file your letter regarding the leopards in the City Park_Zoo." This matter has been referred to the Parks and Recreation Commission. Mr. Showilter will contact you con- cerning the date of the meeting. - We thank you for your interest in bringing this to the atten- = -tion of the City-Council. If we-can be of further service, please do not hesitate to 'contact us. Sincerely yours, I r Neal G. Berlin City Manager NGB/nh - i cc: Dennis-Showalter Tom'Cilek Director's -Report FINANCIAL r, r�rn:n�r,� !,1C:�►�If,li3 :(� :reads: - - - - - (a) If a -home rule charter is adopted: {! (a) The elective officers provided for in the charter -are to ' be elected at the next regularCityelection held more than sixty days after the ,special election'iat which the charter was adopted, and the adopted charter becomes F effective at the beginning of the fiscal year which 4 F follows such regular City election. t -The General Assembly has amended subsection (8)(a) .to make the charter - -_ effective at the beginning of the new term following the regular City election and not effective at the fiscal year. This means that our' Home Rule Charter adopted at _the special election of November 15, 1973, '.will become :effective :on January 1,--1976, rather than July 1, 1976. At the upcoming election the citizens of Iowa City must elect "the elective officers provided for in the:charter.. -2. 01 The .Charter, provides as follows: { The City Council consists of seven members., Four, to be known as Councilmembers'at-large,'are to be nominated and elected by the qualified voters of the City at -large. The other three are to be known as District Councilmembers; they are to be nominated by the qualified voters of'their'respec - tive districts, -as provided by Article III, and one is to be - elected from each Council District by the qualified voters of the City at large. 2.07., LhO Chanter., provi,los that the Council. shall., by ordinance, establish three council districts.— The Council -ba a already provided for these three districts by Ordinance No. 75-2770, passed on June 17, 1975. 1 2- 376.3 provides: Candidates for elective City offices must.be nominated as ;provided in Sections 376.4 to 376.9 unless by ordinance a City chooses the provisions of Chapter 44 or-45.`'However, =a special Charter City may, continue to hold partisan elections as provided This Council has not chosen to adopttheprovisions -of Chapter 44 or 45 of the Code, nor, do I`think that -such adoption would ameliorate' our situation. Chapter 44 deals with -'nominations by non-party political organizations. Chapter 45.if;adopted by -the Council -for City elections, would require the use; of a plurality election for City Councilmembers. -- '.See -376:6(2),. and 376..8_. Such`a plurality election would ,fly in the: face of 3.02, -the Charter, and should not be considered by the Council unless it intends to propose amendment of the Charter to do away with primary elections. Lastly, Iowa City is not a special Charter City with -.;partisan elections, _and so the last -sentence ,of -376.3 does ,not :apply to US. Also see 362.9, where itisexpressly-stated: that. Chapter -.376, is applicable to all cities. Therefore, I conclude that 376.3, is controlling in its mandate that Sections 376.4 to 376.9= govern -the nomination of persons for elective City offices to.the exclusion of the.Charter, even ,if it were actually in effect; which is -not. If 376.4 be`contolling,`then'all candidates for _' City office in the November, 1975 election, including both; at -large, and district candidates, must obtain 139 signatures for nomination. It possibly could be argued that 376.4 does not.apply-to Iowa City since this is the first time that Iowa Citians have ever voted for district` candidates (at least in recent history), and that no one therefore voted "...to fill the `same office at -the last regular City'' election...", because there were no districts or district candidates at _the last election. Then, it could be argued, one would look to Article III, the Charter, for'nomin --"'ationprocedures for district candidates. This argument overlooks the fact; that the Charter is not yet in'effect,-and that; we -should -follow a rule of construction -which -gives as little effect as possible to the _Charter:;until:itis in effect, consistent with 372.9(8)(a).'`A more serious flaw in this argument, ;however, is that it would require -us_to give effect to that; part of 3.01, the Charter, which spells out nomination signature requirements for district candidates, without, giving ,effect _to the;Charter.- petition filing deadline „which deadline-is-found-in--the-same,-sentence as - the signature requirement. With regard to the petition filing deadline found in 376.4, I`believe we must follow these deadlines rather than the deadlines found in 3.01, =` _the Charter. 2 -have already concluded as a matter of statutory construc- tion that 376.4; is controlling on the City in this and subsequent elections: --In looking at Section 64 of- Chapter 1088, the original Home Rule Act for cities, we find that the Legislatureinitiallycontemplated a deadline of 'four-.weeks-before.-the-date--of.-:the =final =-election for the :>filing of-nomin - -- ation;petit ions. It was thin vernion`of'Chapter 1088 that the Iowa City Charter Commiunion wan working with when it --formulated the -Charter., Therefore, it is not surprising that'the Charter Commission -incorporated this provision into the Charter. However, subsequent amendments to Chapter` III( I I .I •� � LyC-.�.. ( I I I I �L/ I I I .... i _ �`' - I I J-r'ty 4-`J .. 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I ` c{`t•-II E �[ V i3r�r:j 10-f 1 a•`J I'i•:i (u4�— _ _���J"� •J: t • CLIN70N 57RLE i XXJ - ��JJ% ;ICI<I ..'c• �.��////i Oi%`, � i r 1 -' RESOLUTION NO. 75-297 RESOLUTION APPROVING PLAT WHEREAS, Al Streb and Realty'11olding°Company, Inc., Johnson County, Iowa, have filed with the Clerk of the City of Iowa City, Iowa, a plat and subdivision of the premises described as follows: Subdivision of Lots 5 and 6, Part 4,:_Terrace - Hill Addition,. an Addition to the City of _ Iowa,: City, •:Iowa; and; - - - WHEREAS, said property is owned by the above named parties and dedications have been madewiththe _free con- sent and in accordance with, the desires -of sai.d'proprietors. WHEREAS, said plat and subdivision were-examined,>by -the _Zoning and Planning Board Commission of Iowa City, Iowa,- and after due deliberation said Commission recommended that the said plat and subdivision be accepted and approved. - WHEREAS, said plat and subdivision is found to conform wit ]i`the provisions of Chapter 409 of the -1975 Code of Iowa and all other statutory requirements. NOW, THEREFORE, 13E TT RESOLVE=D by the City Council of Ioi,:a City, Iowa, that said plat and subdivision be and they arc hereby approved and the dedication of'the streets -as by law is provided and accepted; BE IT FURTHER RESOLVED that the City --Clerk of Iowa City, Iowa, is hereby authorized and directed to certify copies of this resolution to -the County Recorder of Johnson County,- Iowa. Ayes 3 Nays 0 mpl i :the CO All work isreoareddone Rin strict PlastinoCePWEthPctin p� ansEn ineer specifications Prepared rove by t e it of Iowa City, Iowa; -which _have; ereto ore eio app Council,,;and are on_file-for public examination in the Office of the City Clerk. 'Wherever reference is made to the specification in the plans or cont'Whereverract ref it shall is l be understood to-include the "Standard and Specifications for Construct nce Wo Primaryy, Farm ry to.Road System Secondary Roads and Maintenance Work on the Primary Road Sy Series of 1972,>Iowa 'State Highway Commission. Each proposal shall beam�heckde ndrawnronfuandscertifiedeby, tan and must-'be accompanied by p the Iowa Bank and filed in andsinitheed eamounteofe 7 500.00 m madeopayable raining-the proposal, of Iowa City, owa, and maybe to the city Treasurer of the City. - Iowa, as liquidated cashed by the-Treasurer of-the City. of=Iowa City, damages in the event the succeandupostabondfsatisfactoryails to rtontheaCity contract_ within ten (10) y insuri ingwohorfmoreful bidders mayhe rmaerfonbe ce tetainedf the oforaatperiodcof not to to ,(15) days until a,contfte is awarded o exceed`fifteenr rejection . Other will be returned madeafter the canvass and tabulation of bids is completed pleted and reported to the City Council. Payment to the Contractor wbe-mforasuchn(90$) of the purpocashses-onsthe basis the City that Of t may be legally used of monthly estill accomplish outlinedtifaMethod ofual tonetPaymentcent work P By virtue of statutory authority; preference will be; given to products virtue and visions -grown and coal produced within the State of Iowa, ;and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a-bond in an amount equal to one hundred percent (100$) of the rovedaby thecCity said bond to be issued by a responsible ssurety afPall materials ,,and council-and-shall guarantee the prompt p Ym labor akss indrotect and savethe operation ofthethe harmletcontract,y from aand shalloalsos of y ,` '. of the improvement for period guarantee themaintenanceof ompletion and acceptancea by the City, yearsfromand after its c be The work under 10-the dayspafterrooseaigningaof thecontrct lcontracteanddshalllbe ten 1975 - comp ere camber-�5, -- Time is_an essential-element of the contract. Liquidated' damages in the amount of _fifty dollars ( $50.00 wfor-eachscalendarasessed ndaycrequiredacrdance wfor- "Base rojectp eci pcompletionns" Article 1108 $ after the above designated date. A-2 - P-1 C-01 -,-: RESOLUTION NO. 75-305 RESOLUTION ACCEPTING SANITARY'SEWER IMPROVEMENTS PORTION OF REPLAT OF. KOHL'S SUBDIVLSION WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, AND WHEREAS, Maintenance Bonds for Dave Schmitt Const. are on file in the City Clerk's Office,- NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said -- -.-improvements be accepted bythe City of Iowa City. '- Itwas moved by Brandt and seconded by Neuhauser that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: -Brandt - X Czarnecki X Davidsen X X deProsse Neuhauser X Passed and approved this 26th day of August 19 15 /. -1 tl FC'rJn1 t'Q2NCe \ Mayor Pro tem ATTEST:- City Clerk RESOLUTION NO. 75-308 LIQUOR <; RESOLUTION TO REFUNDNKXX 'PERMIT --- WHEREAS, the Moody Blue at 1200 S. Gilbert liquor has surrendered bnm permit No. C-2612, expiring May 5 1976 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL -OF I04A CITY, IOWA, that said `-bm M liquor _ permit be and the same is hereby cancelled, and - BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the to the Ambrose Inc dba/the Moody Blue amount of -$ 633.75 payable liquor for refund of beer :pax2bx No. -2612 - ? It by Brandt and seconded by Neuhauser' was moved ere: that the.- Resolution as read be adopted, and upon roll_ call there were:- AYES: NAYS: ABSENT: AYES: Brandt X X -rzarnecki David-gen X X d o se X _ _Neuhaa Passed this 26th ' day of August 19 75 777�-! -. — F 3 i ? s L 4 1 to ¢ y r. r r f TF` t ei Lize Arr SIM t � r :-t vell do •il Il,' I1/�i I • I��`_1 fTil!FoTil' V'trIl: 1b AM 11 AlIXI -2 • 5. P-7317. Creation of University Zone (U). 6. P-7503. Revision of Ml and M2 Zones. Initiated by Pt,Z. H. Pending Items: 1. 5-7510. Large Scale Residential Development -- Preliminary and Final 'Plats. Elderly Housing Project onnortheast corner of Dubuque and Court Streets. Submitted by Old Capitol Associates. Date filed: _7/2/75. '45 -day -limitation: waived. 2. 5-7505. "1750 Rochester" -- preliminary platblock -(vic._1700 on north side of Rochester Avenue). PAD submitted by Plum Grove Acres, Inc. PF,Z referred to Parks and Recreation Commission'. - - Date filed: 4/21/75. 45 -day limitation: waived. 3. Z-7426. Rezoning of tract, CH to C2, east side of First Avenue - north of American Legion Road. Requested by John Lee and Harding Construction Co. Date filed: 11/26/74. - - 4. P-7410. Creation of Mobile Home Residential Zone (RM11). 5. -C4405. Objections to prohibited and non -conforming signs in -Sign •' Ordinance. Council referral: 1/10/75. 6. Possibility of residential uses in CO Zone as a special use. - Initiated by P$Z. 7. Valley Plain (VP) and Valley Channel (VC) Zones to be shown on Zoning Map for entire length -of Iowa River within corporate; limits of Iowa City.- Initiated.by PBZ._; 8. ' Request of a status report concerning a program be established to define and identify buildings and neighborhoods of historical -or architectural significance and possibility that provisions .be incor-; porated into City Code to preserve and ,,protect -these. -:sites. -:Request _ made to City, Council:- 9/26/74. 9. Request for a no -action policy on River Corridor until final action on River Corridor Study.. Request made by Riverfront Commission: • STAFF REPORT Planning E Zoning Commission -` August 28, 1975 SUBJECT: Z-7506. Rezoning of a -tract of land located east of the Westinghouse Learning -Corporation, -south of -the northerly corporate limits, and west of Highway 1. STAFF___ After recent litigation in the Iowa ANALYSIS• District 'Court -in -and for Johnson County, 'it was resolved"that the R1A zoning; classification of the subject property owned by Plum Grove Acres; Inc. is invalid -and. that "reasonable _-_- commercial uses should be permitted". It -was the Court's further resolution "that any use permitted under highway commercial zoning classification (CH) as definedinexisting ordinances of the City of Iowa City would appear to be reasonable commercial uses and that such uses ,are consistent with the compre hensive_plan for development of the City" The Court stated, however, that it cannot "abridge _the ;City's -right to attempt to enact.a valid: zoning _ordinance vis -a -vis -Plaintiff's property which is more restrictivethan CH zoning". By _court order, therefore, the City` must' within 70 days of July 30, 1975 (October - 8) rezone the subject tract to a commercial zone '-which`is not arbitrarily, unreasonable and discriminatory" and bears a "substantial relationship`to the public health, safety or welfare, including the maintenance of property values". • Hanna v. Rathje, 171 N.W.2d 876 (Iowa 1969). The subject '2.99_acre tract of land is -located northeasterly of.the Westinghouse Learning Corporationzonedan ORP -Office and Research Park Zone, south of undeveloped land located in the county and in an - Agricultural Zone, and west • across, Highway 1 from undeveloped' land also Al`utilized-fori"agricultural purposes and located in an R1A Single Family Residence Zone. A new single family dwelling has been constructed along Highway l in the county immediately north of 'the land zoned'R1A. Southeasterly of the subject tract is the-High- lander-located igh-lander located in a CH Highway Commercial Zone. The-proper-zoning_of the subject tract must be "in accordance with a comprehensive -plan with` reasonable consideration -for the most appropriate use'of the land " (Iowa Code, -414.3). The Comprehensive Plan of the, City,, developed by Harland Bartholomew and Associates in -1961 and "adopted" by the City,; did not consider 'land use projections. in -the -vicinity -of the Interstate 80 inter- - change with Highway l since that area was not within the corporate limits of the City at that time. 'In January, 1968, a reportprepared by the Iowa - City Planning Department and entitled "The North Side Study" did, however, establish a' policy`' guide for development decisions in the subsequent annexed areas within North Iowa City. Certain problems, objectives, and general and specific policies mentioned -within -the report that have particularsignifi= cance to the development and zoning of the subject tractor surrounding property are presented in the following analysis. • "Random or unlimited land development in any one section.of the community may result in under or over utilization of various public facilities at the expense -2- F_-I LJ of the entire community.- Therefore, the City will use its 'influence to shape the development of the community so as to make optimum use of all public-. investment" (page 10). This general _-policy -has no relevance to the zoning ' of the subject tract but does relate to the future development of adjacent undeveloped property. The North Highway 1 corridor is not presently -nor physically capable of -being -served by.public>sanitary -sewer--facilities; existingbusiness establishments, the Westinghouse Learning: Corporation and the Highlander, haveeachconstructed their own lagoons for the primary treatment of sewage wastes. Neither lagoon, -however, has the scapacity-to treat additional sewage flows. -= Any 'future development, therefore, must be served alternatively by septic tanks subject to the approval of the County Board -of -Health or by private lagoons subject to the approval.of the State Department of Environmental Quality until the "cast -west -trunk sewer" has been extended up the Iowa River, along North Dubuque Streetto Interstate 80 and -parallel to Interstate '80 to Highway I forservice connections. It is -the City's policy to discourage development in areas where septic tanks are essential and DEQ's policy to discourage the construction of private lagoons. It is equally -the City's policy to absolutely refrain from installing sanitary sewers at public expense prematurely of development since it is the -developer's -and/or the subdivider's normal obligation to install sanitary sewers at their expense. It -is of utmost importance that some means be employed to preserve, the undeveloped land for agricultural use until ready for urban type development. The appropriate application • of zoning is one method. "Commercial developmentinthe vicinity of the I-80/Highway 1 interchange will be permitted" -(page '12).'- The only commercial_ uses existing -at -the time of the study were the Howard Johnson complex and the new American College Testing facilities. In accord with the above specific policy,, the Westinghouse Learning Corporation and the Highlander were -subsequently constructed. Though all uses were zoned a CH Highway Commercial Zone including the Westinghouse` Learning, Corporation and -the American College Testing Center,fprimarily_because '-they didn't "fit" in any other zone, the -staff is unable to .find any reference to the desirable implementation of a CH Zone for any,and all commercial development to occur. The ex:post facto establishment of the ORP Zone was merely intended to provide a zone more` applicable to office and research type--- facilities. ypefacilities. "As land is developed, transitional or _[step-down' zoning will be used when going from low to high densities -- or from residential to non-residential uses. In the "absence of transitional zoning as a means of insulating sharp changes in land "use, buffer strips of; open space will be required" (page 11). Zoning is essentially a means of insuring that land uses are properly situated in --relation to one another. "Under the guise of zoning,arbitrary and unreasonable restrictions upon- the use and enjoyment of property; prohibition of use which does not interfere with the equally rightful use and enjoyment by others of their,property,or deprivation of property without 'due process of 'law may not be made." - Anderson v. Jester, 206 Iowa 452, 221 N.W.354. - That is to • say the zoning established on a -particular tract of land is valid only if it ; does not interfere or adversely.affect adjoining property. The zon e establish_d on the subject tract and the uses permitted under that zone must be compatible with existing uses and anticipated future land use development. - -3 • '"1'he present 'highway, commercialzoning along North Dodge Street (Highway 1) could lead to strip commercial development and severe traffic -problems" (page, 6). -It can be substantiated that the subject undeveloped tract of land is similar in character, adaptability and use: to the undeveloped property to the north and across -Highway 1 to the east: "If the ordinance (zone) constitutes piecemeal or haphazard zoning of a small tract of land similar in character and use to the sourrounding property for -the benefit of the owner and not pursuant to a' comprehensive_ plan for the general welfare of the community,; it is arbitrary, unreasonable and invalid." Anderson v. City ofCedarRapids, supra, 168 N.W.2d at 744; et al. Is the establishment of a CH Zone on the subject tract .illegal spot zoning?, "Spot zoning,; is valid if -it is germane to an _object within the police power and there is a - reasonable basis for making the distinction between the;spot._zoned and -the surrounding property." Keppyrv. Ehlers, supra; 253 Iowa at 1023, 115- N.W.2d at 200; et al. It, would -appear that no evidence would lead to the conclusion that the subject tract is somehow' distinguishable from the ` undeveloped areas adjacent thereto.- And contrariwise, if the subject property is -zoned -for commercial use, to deny adjacent property owners equal rights is discriminatory since no reasonable grounds appear to exist for any differentiation. ,Thus,,the problem of strip commercial development along Highway l is of legitimate concern. The question is not whether the property should be rezoned to a commercial zone (that was resolved in court) butwhatcommercial zone -that is innkeeping', _ with the Court's mandate and zoning law.. In; the absence of a comprehensive . plan for development along the Highway 1 corridor (the Court had referred to a comprehensive plan for development of this area; the "North Side Study" isnot a comprehensive plan), the staff -submits: that the tract -must nonetheless be zoned in accordwithadjacent existing and probable -future --land uses for -- the "maintenance of property values". ` It must be assumed that at some point along the North Highway 1 corridor there will be a transition from; commercial use to residential use, save infinitival strip commercial development. That transition according to the existing -Zoning Code would take place at the boundary of the RIA Zone east of Highway 1. Presumably, at least at_this stage, if it can be assumed that the Zoning Code is.a valid ordinance, residential' development will occur within the area zoned"R1A'. The Westinghouse_ Learning, Corporation is located in an ORP Zone which is designed for the exclusive use and quality development of international headquarters, large office buildings, and research activities on land provided for large, attractively landscaped sites. The -low intensity and limiting restrictions established -within the zone. provide for uses which are compatible with residential use. The ORP Zone's application to,the subject tract is paradoxical, however, because` theminimum lot size requirement is seven acres. A commercialzonemost similar to the ORP Zone, permitting in essence the -same uses on a -smaller -scale with no lot size restrictions, is the CO Commercial • Office Zone. The CO Zone, like -its counterpart, provides -for -land and structures compatible with residentinl use az a lopi,cil transition. -4- • commercial zones permit uses which could be highly incompatible to residential All other residential use if located in such a manner that -will expose Alternatively, the PC Planned Commercial development to_its adverse in influences. would the C1 Zone and many:uses the Zone, which permits uses whHich establishes since development by landnuse dee must be submitted demand this protection location and extent of thepla the features of the development a the and approved by the City. summation, commercial zones which are not arbitrarily_;unreasonable and are the CO and PC In discriminatory, according to the -Court's_ -interpretation, _ provide -a suitable transition :The CO Zone would .and the PC Zone could Zones.and _ 1Northtfurther l development a between commercial and residentiathe HighwayI corridor. commercial development along expansion of strip the foregoing analysis, Based the STAFF _upon it is the recommendation RECOMMENDATION:` the subject tract be.zoned either CO or PC. y 2 • examined.` It is well worth the Commissioners' efforts to read the report in its entirety: Since the aforementioned report impartially demonstrates the need for an east-west connecting street' between Woodside Drive and Marietta Avenue, Leamer.Court and/or Olive Court in University Heights, the 'staff will play the _"devil's advocate" in pointing out-the advantages of a private street system ;which would not provide access to the Neuzil Tractor circulation through the areas. On page 5,of the Report, reference was made to the "virtual landlocking of the Neuzil Tract". Of course, if the property ;is landlocked, any;, further discussion is 'redundant, and the subject LSRD plan should be denied unless revised to provide access to the Neuzil.Tract. The Tract, -access.point but three -Marietta however, is provided with not only one Avenue, Leamer Court-and-Olive Court. All three streets-lead _dpreviou to the arterial,_streets,_Melrose Avenue and: Sunset, Street. ,In previous encounters with the Town Council of University Heights however, mention of the use-of-these streets as "thoroughfares for large volumes of traffic'; which they felt would degrade the residential quality of the areas through which the traffic would pass, prompted threat to vacate and-barricade access to the Neuzil Tract. .The law is rather-specific as to the deprivation of free access to private property along a street. The--unresolved-legal question, however, is whether access can be closed to.property situated • outside of a city's corporate limits. On page 12 of the Report, mention is made that 'the primary directions of travel are north to Melrose Avenue and east on Greenwood Drive and Benton Street. These primary travel directions are inhibited by the lack of direct streets in these general directions and the CRIF,P Railroad tracks. Within -the "study area, there is no adequate ,provision for north-south travel via a collector<street,.or much less a'through local street that would tie together Melrose Avenue, the Neuzil and Thompson; Tracts andBentonor Greenwood Drive." There is t unquestionably a dire need'for a direct route to Melrose Avenue. In view of existing development,ihowever, it is virtually impossible to establish-a direct route. At-best, a sinuous route via Greenwood Avenue, Woodside Place, Woodside-Drive, a street through he subject property and the Neuzil Tract, `-and .Olive Court, Is which are inadequate for large volumes of traffic, would be the shortest route. In planning principle, it is-undesirable to channel large volumes of vehicular traffic through a residential neighborhood.,, This, point was expressed in a Staff Report dated May,.8, 1975 in review of the preliminary plat of Bel Aire Addition, Part 6 and the extension -of Glendale Road east to connect with First Avenue. To reiterate, large traffic flows on Olive Court,' Leamer-Court and Marietta Avenue would` undoubtedly disrupt the livability of the existing-single family homes adjacent thereto - the very reason University Heights had previously:objected so vehemently. • To the applicant, private streets are an important feature not because they'll be less expensive to construct (the proposed str-- are dssi�al • according to City specifications, i.e., 28 feet of concrete paving _ seven -inches in thickness) but because the exclusivedevelopment proposed demands -non -through traffic for seclusion._ In addition, private streets are the responsibility of the owner of the complex to maintain, keep free from snow, etc. In summation, the above analysis of the street circulation -problem is in no way intended to be biased toward either alternative; both have advantages and disadvantages. Of the two alternatives, the decision will rest with the Commission and; the City Council. - The Planning Division has reviewed the plan in accordance with the require- ments of a preliminary LSRD plan. The plat has been revised to -incorporate deficiencies noted by the staff, --but as of this date, neither the staff nor the Engineering Division has completed final review. STAFF The alternatives available to the RECOhAENDATION: Commission are (1) -the plan be referred to the Legal Staff for - = an opinion concerning the _question of the closing of streets and access rights and be deferredpending final review -by the staff, 'or``(2)-the plan be denied unless revised to'accommodate a public_ street` through the area. • FILE 11511;)0 1211 M, NUMBER: GRAPHIC SCALE = 1nz 660'. S